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Hartselle Enquirer
50 CENTS
WEDNESDAY, FEBRUARY 21, 2024
VOLUME 91, NO. 8
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A Fort Payne woman charged with capital murder for allegedly kidnapping a Hartselle woman and pushing her off a cliff in 2021 submitted character reference letters, along with one she personally wrote, to a Dekalb County judge Tuesday. Jessie Eden Kelly, 22, is accused of killing Mary Elizabeth Isbell, a Hartselle woman who disappeared in 2021. Kelly remained in Cherokee County Jail with no bond on Thursday. Loretta Kay Carr, 45 — Kel-
ly’s mother — is also charged with capital murder in Isbell’s death. She remained in Dekalb County Jail with no bond on Thursday. According to the Dekalb County Sheriff ’s Office, the pair are deliberately being held in separate locations ahead of trial. “I ask that the court to please take these letters in consideration on my behalf of who I am, rather than just what I’m being portrayed in black and white,” Kelly wrote in a letter to a judge dated Feb. 7. At the time of her mother’s arrest in June, Kelly was in custody in Pennsylvania awaiting extradition to Mis-
Septuple homicide defendant prepares to fight death penalty if convicted
By David Gambino For the Enquirer
A capital murder defendant accused of shooting and killing seven people at a Valhermoso Springs drug house in June 2020 asked Morgan County Circuit Court to compel the prosecution to disclose any aggravating factors it intends to use, should it seek the death penalty, as well as any mitigating factors that would be beneficial to the defense, according to motions filed this week. Frederic Allen Rogers, 26, along with his alleged accomplice, John Michael Legg, 23, both of Hartselle, were captured in Oregon and returned to Morgan County Jail on June 28, 2020. Both remained there Wednesday with no bond, according to jail records. In capital cases, an aggravating circumstance is a circumstance that indicates the defendant, if convicted, should be sentenced to death, according to the Alabama Supreme Court. Mitigating circumstances, on the other hand, indicate that the convicted defendant should be sentenced to life without parole rather than death. For example, a defendant lacking the capacity to appreciate the criminality of his conduct is considered a mitigating factor. Before a jury can vote to impose the death penalty, the state must prove that aggravating circumstances outweigh mitigating circumstances. Both Rogers and Legg have pleaded not guilty to six counts each of capital murder by reason of mental illness or defect. Rogers’ jury trial is scheduled to begin Aug. 14, court records show. Legg’s trial has not yet been scheduled. On Tuesday, Circuit Judge
Obituaries • Ricky Lee Hand • Candy S. Tyler • Richard Allen hensley • Bob Watkins, Sr.
Stephen Brown ordered the prosecution to disclose to the defense, within 14 days, whether it intends to seek the death penalty for Rogers. “We have serious questions and doubts about whether the state of Alabama can prove all of the counts of capital murder in the indictment beyond a reasonable doubt,” said Rogers’ attorney, J. Brent Burney. While preparing for the trial’s guilt phase, Burney said he also must prepare for the sentencing phase defense. “Based on our mitigation investigation to date, we feel strongly that the mitigating factors will outweigh the aggravating factors,” he said. Burney in 2022 filed a motion requesting a mental examination for Rogers. The motion argues that Rogers apparently “does not appreciate the gravity” of the case, and, at the time of the alleged crimes, he “may have been severely delusional.” The motion was granted by Brown. On Feb. 13, Brown ordered the prosecution to disclose, within 45 days, any circumstances that are “agreed upon” as being mitigating circumstances. “This Order does not require the State to discover new mitigating circumstances for the defendant, or advo-
souri on a felony theft charge, according to a Dekalb County sheriff ’s spokesperson. She was extradited to Alabama in July. Eight letters in support of Kelly, all apparently from fellow incarcerated women, were also filed in Dekalb County District Court on Tuesday. “She is really a bright, well-meaning and intelligent young woman who I feel could be easily taken advantage of due to her sweet nature and trusting spirit,” wrote one woman, who said she shared a cell with Kelly in Cherokee County Jail. Another Cherokee County
inmate wrote that she was bunkmates with Kelly for four months. She described Kelly as a “kind-hearted child of God.” Several of the letters describe Kelly as “naïve” and “innocent.” “I don’t think she completely grasps how serious her situation is,” another woman wrote. A multi-agency search team discovered Isbell’s remains in Little River Canyon National Preserve in late June, around what would have been her [NATIONAL PARK SERVICE PHOTO 39th birthday. Her ex-husband had reported her miss- Little River Canyon, where Jessie Eden Kelly and Loretta Kay Carr allegedly pushed Hartselle resident Mary See WOMAN, page 3 Elizabeth Isbell off a cliff, killing her, in 2021.
By Rebekah Yancey rebekah.yancey@hartselleenquirer.com Hartselle native Mary Davis is commemorating a significant milestone in her life. Feb. 21 marks nearly three decades since she underwent a lifesaving heart transplant surgery at UAB’s Kirkland Clinic. It’s been 28 years of healthy living for Davis who said she thanks God every day for the extra years she has been given. Davis, now 81, was diagnosed with congestive heart failure when she was 56 years old. Davis’s journey began in 1996 when she received the life-changing diagnosis. She spent eight months on the waiting list for a suitable donor heart before undergoing transplant surgery on February 21, 1996, at UAB’s Kirkland Clinic. The day of surgery, Davis had eaten a couple bites of her lunch, when she was alerted that a suitable heart had been found. Her husband, Jimmy, was working that day. Davis said it was a rush to get her prepared for surgery. “They said ‘Don’t take another bite of lunch – we’re going into surgery today,’” she recalled. “As the nurses were wheeling me to the operating room, my husband came walking down the hallway. “He gave me a kiss and I was off to the OR,” Davis added. “You can’t tell me that wasn’t a God thing.” In the years since, Davis has had to be treated with high doses of steroids twice to keep her body from rejecting her donor heart. She said that is typical for a transplant of such a vital organ. Since her successful transplant, Davis has dedicated herself to advocating for organ donation. She has become a vocal champion of the cause, sharing her own story to raise awareness and encourage others to consider becoming organ donors. Her family members have joined her; becoming organ donors themselves. According to the Health Resources and Services Administration, 103,223 men, women and children on the national transplant waiting list and 17 people die each day waiting for an organ transplant. What’s more, statistics show every donor can save eight lives and enhance 75 more. While more than 46,000 transplants were performed in 2023; the list continues to grow as every eight minutes another person is added to the transplant waiting list. “Others don’t realize how many people are on that waiting list,” Davis said in a 2003 interview with the Hartselle Enquirer. It makes me realize how lucky I was to have only waited eight months for a donor. Some people have to wait until it’s too late.” As Davis prepares to celebrate 28 years of health post-transplant, she remains grateful for the selflessness of her donor and their family, whose decision to donate the gift of life has allowed her to continue living a full and vibrant life.
PHOTO BY JENNIFER SHERWOOD
Mary Davis is celebrating 28 years since undergoing a heart transplant Feb. 21, 1996, that saved her life.
PHOTO BY JENNIFER SHERWOOD
Mary Davis, with her husband, Jimmy Davis.
See HOMICIDE, page 3 For full obituaries, see page A-2
• Delton Lee Garrison • Casey Wilhoite Hopper • James Roland Burgess • David Watson • Charlie Wayne Prater • Linda Faye Riickert Dobbs • Don Keith Haynes • Richard ‘Dick’ Johnson
By Catherine Godbey For the Enquirer The annual Child Safety Conference will take place March 5 at West Hartselle Baptist Church, 1640 Main St. W.
Organized by the Mental Health Association in Morgan County, the conference will feature speakers Dr. Charles Elliott, Jane Cross, Nelson Delucca, Lainie Alexander, Macie Randolph and Churmell Mitchell. Topics covered include marijuana
and teen pregnancy, fitness and mental health, neurobiology of trauma and adoption. The event will begin at 7:30 a.m. and last until 4 p.m. Registration costs $30. To register, visit mhainmc.net/childsafety.
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By David Gambino For the Enquirer
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